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Home News

ASIC takes collapsed firm to court for remuneration breaches

The corporate regulator has commenced civil proceedings against a collapsed financial services group for allegedly paying illegal bonuses to advisers around the purchase of property through SMSFs.

by Reporter
May 20, 2021
in News
Reading Time: 1 min read
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In a statement, ASIC said it had initiated the legal action against liquidated group DOD Bookkeeping, formerly known as Equiti Financial Services (Equiti FS).

Equiti FS was part of the Equiti Group of companies that offered SMSF establishment and administration services, real estate and mortgage broking services.

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“ASIC alleges that, between 26 October 2015 to 27 August 2018, Equiti FS paid three advisers bonuses totalling $164,750 upon settlement of property purchases those advisers recommended their clients make through either an existing SMSF or an SMSF to be established,” the regulator said.

“The bonuses applied to purchases arranged by Equiti Property.

“ASIC alleges that these bonus payments breached the ban on conflicted remuneration under the Corporations Act 2001 because they could reasonably be expected to influence the financial product advice provided, or the choice of financial product recommended, by Equiti FS advisers to retail clients.”

ASIC also alleged advisers employed by the group gave advice to 12 clients between 2015 and 2018 that was not in their best interests.

“Each advice contained a recommendation to establish an SMSF, purchase a property through the SMSF and borrow funds in order to do so,” the regulator said.

ASIC is seeking civil penalties and other orders against Equiti FS.

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Comments 9

  1. Anonymous says:
    4 years ago

    Could we change a few words hear and get a different result – lets see..

    “ASIC alleges that, between 26 October 2015 to 27 August 2018, (Equiti FS replace with – Industry Super) paid three advisers bonuses totalling $164,750 upon settlement of (property purchases replace with Superannuation Contributions/Rollover) those advisers recommended their clients make through either an (existing SMSF or an SMSF to be established – replace with existing Account or establish a new one),” the regulator said.

    “ASIC alleges that these bonus payments breached the ban on conflicted remuneration under the Corporations Act 2001 because they could reasonably be expected to influence the financial product advice provided, or the choice of financial product recommended, by (Equiti FS – replace with Industry Super) advisers to retail clients.”

    Hard to tell.

    Reply
    • Anonymous says:
      4 years ago

      What a stupid ill-formed comment. You may not be aware of this well known fact, but industry planners still to have to follow best interests duties too.
      We have an APL as well, & don’t necessarily recommend the fund that we work for, & quite often we will recommend external funds. We have our internal audit, external audit, & also ASIC audits as well, & unlike retail advisers, we don’t receive bonus or commissions, so we don’t have any conflicted interests.
      Instead of spewing out hatred, how about you realise that we are all doing the same job, but we are just under a different AFSL.

      Reply
      • Anonymous says:
        4 years ago

        Union super licensed advisers may be subject to the same regulations as other licensed advisers, but union super sales reps and call centre operators do not. And they’re the primary advice providers for union funds. You are just a token regulated employee.

        Reply
  2. Jimmy says:
    4 years ago

    Nothing like showing up after the battle has been lost & then shooting the wounded….that’s ASIC for you….

    Reply
  3. Terry Macca says:
    4 years ago

    How does ASIC apply conflicted remuneration standard during a period of when no such standard was in place other than for it to disclose to the client

    Reply
  4. Has Shoes says:
    4 years ago

    More legal fee costs for advisers who havent collapsed a company…

    Reply
  5. This will take a while says:
    4 years ago

    And so it begins…

    Reply
  6. Anonymous says:
    4 years ago

    Terrific work ASIC on dealing with pond scum like this. Now if you could only go after corporations their directors for getting people to invest in schemes that YOU ASIC rubber stamped. You remeber, Great SOuthern, Timbercorp Banksia Group, Prime Property Trust, Trio capital…..cost versus benefit you say. What a sick joke the regulator ASIC is….I guess kickbacks to senior staff at ASIC wasn’t possible with this group and besides they are after all low hanging fruit.

    Reply
  7. Anonymous says:
    4 years ago

    Another Hanna special- even Willy mason fell for the wealth bs

    Reply

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